WikiLeaks suspect Manning wins documents battle

FORT MEADE: A US military judge has ordered prosecutors to show they are not withholding evidence from WikiLeaks suspect Bradley Manning after defense lawyers accused them of hiding documents that could potentially help their client's case.
The ruling was a victory for Manning, whose defense team has argued for months that prosecutors are dragging their feet on requests for government files that could prove crucial in the trial of the Army private.
Manning, 24, accused of handing over a massive trove of classified documents to the WikiLeaks website, smiled at his attorneys after the judge read out her decision at a pre-trial hearing at Fort Meade, northeast of Washington.
Judge Denise Lind ruled that prosecutors would have to turn over reports from the CIA, the FBI, the State Department and the Office of the National Counterintelligence Executive that assessed the impact of the leaks.
Manning's lawyers believe the assessments will show the disclosures had no major effect on the country's national security and did not "aid the enemy" as the government alleges.
But the judge ruled against a request for documents related to WikiLeaks from the House Committee on Oversight and Government Reform, saying it was not relevant to the case.
Under Lind's decision, the prosecution will have to give a detailed account showing it met legal obligations to share all pertinent evidence with the defense.
In a statement of "due diligence," the prosecutors would have to show when they obtained documents, why they were not shared with the defense and to what extent they had queried dozens of agencies about relevant papers, she said.
The judge imposed a deadline of July 25 on prosecutors but indicated she would be willing to give them more time if necessary.
Manning's civilian attorney, David Coombs, had asked the judge to suspend the proceedings while the prosecutors prepared their "due diligence" statement, but that request was not granted.
Lind did leave open the possibility that the defense could ask for time to review any new evidence that emerges.
Coombs had argued earlier Monday that government prosecutors had displayed a "pattern" of obstruction on document requests that "should cause alarm to the court."
The government's explanation for why some files were unavailable "defies logic" and violated the bedrock legal principle that a defendant must have access to the same evidence as his accusers, Coombs said.
"This is not the way the discovery process works," he added.
Prosecutor Major Ashden Fein denied the government was sitting on evidence that could help Manning and said "the defense is disregarding the complexity of this case," which involves hundreds of thousands of documents.
Manning supporters who attended the hearing at Fort Meade, northeast of Washington, welcomed the decision.
"It's definitely heartening that David Coombs's arguments are resonating with the judge," said Zach Pesavento, a spokesman for the Bradley Manning support network.